Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 617-S.F.No. 1628 
           An act relating to public welfare; setting licensing, 
          planning and zoning provisions with respect to 
          licensed residential and day care facilities; 
          providing that certain facilities are permitted 
          multi-family uses; allowing municipalities to require 
          conditional use permits for certain other facilities; 
          requiring counties to engage in planning to promote 
          dispersal of residential facilities; providing that 
          certain facilities are permitted single family uses; 
          amending Minnesota Statutes 1982, sections 245.783, by 
          adding a subdivision; 245.812, subdivisions 3, 4 and 
          7, and by adding a subdivision; and 462.357, 
          subdivisions 7, 8, and by adding a subdivision. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 245.783, is 
amended by adding a subdivision to read: 
    Subd. 7.  When issuing new licenses pursuant to this 
section, the commissioner shall implement a policy preference 
for residential facilities serving less than 17 individuals who 
are mentally retarded.  
    Sec. 2.  Minnesota Statutes 1982, section 245.812, is 
amended by adding a subdivision to read:  
    Subd. 2a.  It is the policy of this state that handicapped 
persons and children should not be excluded by municipal zoning 
ordinances or other land use regulations from the benefits of 
normal residential surroundings.  
    Sec. 3.  Minnesota Statutes 1982, section 245.812, 
subdivision 3, is amended to read: 
    Subd. 3.  A licensed residential facility serving six or 
fewer persons or a licensed day care facility serving ten 12 or 
fewer persons shall be considered a permitted single family 
residential use of property for the purposes of zoning. 
    Sec. 4.  Minnesota Statutes 1982, section 245.812, 
subdivision 4, is amended to read: 
    Subd. 4.  Unless otherwise provided in any town, municipal 
or county zoning regulation, a licensed day care or residential 
facility serving from seven through sixteen persons or a 
licensed day care facility serving from 13 through 16 persons 
shall be considered a permitted multi-family residential use of 
property for purposes of zoning.  A township, municipal or 
county zoning authority may require a conditional use or special 
use permit in order to assure proper maintenance and operation 
of a facility, provided that no conditions shall be imposed on 
the homes facility which are more restrictive than those imposed 
on other conditional uses or special uses of residential 
property in the same zones, unless such additional conditions 
are necessary to protect the health and safety of the residents 
of the facility.  Nothing herein shall be construed to exclude 
or prohibit residential homes or day care facilities from single 
family zones if otherwise permitted by a local zoning regulation.
    Sec. 5.  Minnesota Statutes 1982, section 245.812, 
subdivision 7, is amended to read: 
    Subd. 7.  (a) Residential facilities for adult mentally ill 
persons established on or before July 1, 1980, are exempt from 
the requirements of this section until July 1, 1984 1985.  The 
commissioner shall develop a mechanism for ensuring full 
compliance with this section by residential facilities for adult 
mentally ill persons by July 1, 1984.  
    (b) Before January 1, 1985, each county having one or more 
group residential facilities within 1,320 feet of any existing 
group residential facility shall submit to the department of 
public welfare a plan to promote dispersal of group residential 
facilities.  In formulating its plan, the county shall solicit 
the participation of affected persons, facilities, 
municipalities having highly concentrated residential facility 
populations, and advocacy groups.  For purposes of this 
subdivision, "highly concentrated" means having a population in 
residential facilities serving seven or more persons that 
exceeds one-half of one percent of the population of a 
recognized planning district or other administrative subdivision.
    (c) Within 45 days after submission of the plan by the 
county, the commissioner shall certify whether the plan fulfills 
the purposes and requirements of this subdivision including the 
following requirements.  
    (1) No new facility serving seven or more persons shall be 
located in any recognized planning district or other 
administrative subdivision where the population in residential 
facilities is highly concentrated.  
    (2) The county plan shall promote dispersal of highly 
concentrated residential facility populations.  
    (3) The county plan shall promote the development of 
residential facilities in areas that are not highly concentrated.
    (4) No person in a residential facility shall be displaced 
as a result of this section until a relocation plan has been 
implemented that provides for an acceptable alternative 
placement.  
    (5) If the plan provides for the relocation of residential 
facilities, the relocation shall be completed by January 1, 1990.
     If the commissioner certifies that the plan does not do so, 
he shall state the reasons, and the county shall have 30 days to 
submit a plan amended to comply with the requirements of the 
commissioner. 
    (d) After July 1, 1985, the commissioner may reduce grants 
pursuant to section 245.73 to a county required to have an 
approved plan under clause (b) if the county does not have a 
plan approved by the commissioner.  The county board has the 
right to be provided with advance notice and to appeal the 
commissioner's decision.  If the county requests a hearing 
within 30 days of the notification of intent to reduce grants, 
the commissioner shall not certify any reduction in grants until 
a hearing is conducted and a decision rendered in accordance 
with the contested case provisions of chapter 14.  
    Sec. 6.  Minnesota Statutes 1982, section 462.357, is 
amended by adding a subdivision to read:  
    Subd. 6a.  It is the policy of this state that handicapped 
persons and children should not be excluded by municipal zoning 
ordinances or other land use regulations from the benefits of 
normal residential surroundings.  For purposes of subdivisions 
6a through 9, "person" has the meaning given in section 245.782, 
subdivision 2.  
    Sec. 7.  Minnesota Statutes 1982, section 462.357, 
subdivision 7, is amended to read: 
    Subd. 7.  [PERMITTED SINGLE FAMILY USE.] In order to 
implement the policy of this state that mentally retarded and 
physically handicapped persons should not be excluded by 
municipal zoning ordinances from the benefits of normal 
residential surroundings, A state licensed group home or foster 
home residential facility serving six or fewer mentally retarded 
or physically handicapped persons or a licensed day care 
facility serving 12 or fewer persons shall be considered a 
permitted single family residential use of property for the 
purposes of zoning. 
     Sec. 8.  Minnesota Statutes 1982, section 462.357, 
subdivision 8, is amended to read: 
    Subd. 8.  [PERMITTED MULTI-FAMILY USE.] Unless otherwise 
provided in any town, municipal or county zoning regulation as 
authorized by this subdivision, a state licensed residential 
facility serving from 7 through 16 mentally retarded or 
physically handicapped persons or a licensed day care facility 
serving from 13 through 16 persons shall be considered a 
permitted multi-family residential use of property for purposes 
of zoning.  A township, municipal or county zoning authority may 
require a conditional use or special use permit in order to 
assure proper maintenance and operation of a facility, provided 
that no conditions shall be imposed on the homes facility which 
are more restrictive than those imposed on other conditional 
uses or special uses of residential property in the same zones, 
unless the additional conditions are necessary to protect the 
health and safety of the residents of the residential facility 
for the mentally retarded or the physically handicapped.  
Nothing herein shall be construed to exclude or prohibit 
residential homes for the mentally retarded or physically 
handicapped or day care facilities from single family zones if 
otherwise permitted by a local zoning regulation. 
    Sec. 9.  [EFFECTIVE DATE.] 
    Sections 1 to 8 are effective the day after final enactment.
    Approved May 2, 1984